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General Conditions of Carriage for International Cargo

ARTICLE1  Definitions

As used in these Conditions of Carriage, unless the context requires otherwise, terms shall be defined as follows:

1.1 "Grandstar Cargo" means Grandstar Cargo International Airlines Co., Ltd.

1.2 "Agent" means except when the context otherwise requires, any person who has authority, express or implied, to act for or on behalf of Carrier in relation to the carriage cargo.

1.3 "Air Waybill", which is equivalent to the term "Air Consignment Note", means any documents made out by or on behalf of the shipper which evidences the contract between the Shipper and Grandstar Cargo for carriage of cargo over the routes of Grandstar Cargo.

1.4 "Applicable Convention" means, unless the context requires otherwise, whichever of the following instruments is applicable to the contract of carriage:

1.4.1 The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 ; (hereafter referred to as the Warsaw Convention);

1.4.2 The Warsaw Convention as amended at The Hague on 28 September 1955;
1.4.3 The Warsaw Convention as amended at The Hague 1955 and by Additional protocol No.4 of Montreal 1975;

1.4.4 The Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999; (hereafter referred to as the Montreal Convention);

1.5 "Cargo", which is equivalent to the term "Goods", means anything carried or to be carried in an aircraft, except mail, or baggage carried under a passenger ticket and baggage check, but includes baggage moving under an Air Waybill.

1.6 "Carriage", which is equivalent to the term "Transportation", means the carriage of cargo by air or any other means of transport, gratuitously or for reward.

1.7 "Carrier" includes the air carrier issuing the Air Waybill and all carriers that carry or undertake to carry the cargo under such Air Waybill or to perform any other services related to such air carriage.

1.8 "Charges Collect" means the charges entered in the Air Waybill for collection from the consignee against delivery of the shipment.

1.9 "Shipper", which is equivalent to the term "Consignor", means the person whose name appears on the Air Waybill as the party contracting with Grandstar Cargo for carriage of cargo.

1.10 "Consignee" means the person whose name appears on the Air Waybill as the party to whom the shipment is to be delivered by carrier.

1.11 "Days" means full calendar days, including Sundays and legal holidays; provided that for purposes of notification the balance of the day upon which notice is dispatched shall not be counted.

1.12 "Delivery Service" means the surface carriage of inbound shipments from the airport of destination to the address of the consignee or that of his designated agent or to the custody of the appropriate government agency when required, including any incidental surface carriage between airports.

1.13 "Pick-up Service" means the surface carriage of outbound shipments from the point of pickup at the address of the shipper or that of his designated agent to the airport of departure, including any incidental surface carriage between airports.

1.14 "Shipments", which is equivalent to the term "Consignment" means, except as otherwise provided herein, one or more packages, pieces or bundles of cargo accepted by Carrier from one shipper at one time and at one address, receipted for in one lot and under a single Air Waybill for carriage to one consignee at one destination address.

1.15. "Special Drawing Right" means a Special Drawing Right as defined by the International Monetary Fund.

1.16 "Declared Value for Carriage" means the value of cargo declared to Grandstar Cargo by the shipper for the purpose of fixing the limit of Grandstar Cargo's liability for loss, damage or delay to the cargo.

1.17 "Tariffs" means published rates, charges and related rules and regulations, which are made part of these Conditions of Carriage.

1.18 "Valuable Cargo" means a consignment which contains one or more of the following articles:

1.18.1 Any article having a declared value for carriage of USD 1,000.00 (or its equivalent) or more, per gross kilogram;

1.18.2 Gold bullion (including refined and unrefined gold in ingot form), dore bullion, gold specie; Gold only in the form of grain, sheet, foil, powder, sponge, wire, rod, tube, circles, moldings and castings;

1.18.3 Platinum, platinum metals (palladium, iridium, ruthenium, osmium and rhodium); Platinum alloys in the form of grain, sponge, bar, ingot, sheet, rod, wire, gauze, tube and strip; Cargos, which are the radioactive isotopes of the above metals and alloys, are dangerous goods.

1.18.4 Legal banknotes, traveler's checks, securities, shares, share coupons, postage stamps and revenue stamps (excluding mint stamps from the United Kingdom) and ready for use bank cards and/or credit cards ;

1.18.5 Diamonds (including diamonds for industrial use), rubies, emeralds, sapphires, opals and real pearls (including cultured pearls); Jewelry consisting of any of the articles under above;

1.18.6 Jewelry and watches made of platinum and/or gold and/or silver; 

1.18.7 Articles made of platinum and/or gold, other than platinum and/or gold plated.

1.19 "Advance Arrangement" means any special arrangement between the shipper and Grandstar Cargo, made prior to tendering the consignment.

ARTICLE2  Applicability

2.1 General

These Conditions shall apply to all carriage of cargo, including all services incidental thereto, performed by Grandstar Cargo; provided however that if such carriage is "International Carriage" as defined in the applicable Convention (see ARTICLE1: Definitions, under "Applicable Convention") such carriage shall be subject to the provisions of the Applicable Convention and to these Conditions to the extent that these Conditions are not inconsistent with the provisions of such Convention.

2.2 Applicable Laws and Carrier's Tariffs
To the extent not in conflict with Paragraph 2.1 of this Article all carriage and other services performed by Grandstar Cargo are subject to:

2.2.1 Applicable laws (including national laws implementing a Convention or extending the rules of the applicable Convention to carriage which is not "International Carriage" as defined in the applicable Convention) government regulations, orders and requirements;

2.2.2 These Conditions and other applicable tariffs, rules, regulations and timetables (but not the times of departure and arrival therein specified) of Grandstar Cargo which may be inspected at any of its offices and at airports from which operates regular services.

2.3 Gratuitous Carriage

With respect to gratuitous carriage, Grandstar Cargo reserves the right to exclude the application of all or any part of these conditions. 

2.4 Charters

If cargo is transported on the basis of a charter agreement entered into with the carrier, the carriage shall be subject to the carrier's applicable charter terms and conditions, if any. The present Conditions of Carriage apply only insofar as provided for in the charter agreement. If the carrier does not have any charter terms and conditions being applicable to the charter agreement, these Conditions of Carriage shall apply to the agreement.

2.5 Changes without Notice

These Conditions and the published rates and charges are subject to change without notice except to the extent otherwise provided by applicable law or government regulations or order; provided however that no such change shall apply to a contract of carriage after the date of issuance of the Air Waybill.

2.6 Effective Rules

All carriage of cargo governed by these Conditions shall be subject to Grandstar Cargo's rules, regulations and tariffs in effect on the date of issuance of the Air Waybill by Grandstar Cargo, whichever is applicable, provided that in the event of inconsistency between these Conditions and Grandstar Cargo's rules, regulations and tariffs, these Conditions shall prevail.

2.7 Exemptions from Liability to Continue

All the rights, immunities and exemptions from liability in these Conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of this contract or of any of its provisions by Carrier or any other person entitled to benefit from such provisions and irrespective of whether such may constitute a fundamental breach of contract or a breach of a fundamental term.
ARTICLE3  Acceptability of Goods for Carriage

3.1 Cargo Acceptable

3.1.1 Grandstar Cargo undertakes to transport, subject to the availability of suitable equipment and space, all shipments, unless otherwise excluded by Grandstar Cargo's regulations and provided:

3.1.1.1 The transportation, or the exportation or importation thereof is not prohibited by the laws or regulations of any country to be flown from, to or over;

3.1.1.2 They are packed and labeled in a manner suitable for carriage by aircraft;

3.1.1.3 They are accompanied by the requisite shipping documents;

3.1.1.4 They are not likely to endanger aircraft, persons or property, or cause annoyance to passengers.

3.2 Valuation Limit of Shipment

Grandstar Cargo may refuse carriage of shipments having a declared value for carriage in excess of the amount specified in Grandstar Cargo's regulations. The Carrier reserves the right to refuse carriage of any cargo in its absolute discretion, without any liability for such decision.
3.2.1 Limitation by Declared Value for carriage

No consignment having a declared value for carriage in excess of USD 500,000.00 (or its equivalent) will be accepted by Grandstar Cargo for carriage unless advance arrangement therefore has been made.

3.2.2 The limit of declared value for carriage of one consignment or group of consignments which is to be carried in one aircraft is USD 8,000,000.00 (or its equivalent). If the aggregate sum of declared value for carriage to be carried in the same aircraft exceeds such limit, it may not be carried in the same aircraft without advance arrangement but may be divided between two or more aircraft solely at the discretion of Grandstar Cargo.

3.3 Packing and Marking of Cargo

3.3.1 Shipper is responsible for ensuring that the cargo is packed in an appropriate way for carriage and so as to ensure that it can be carried safely with ordinary care in handling and so as not to injure or damage any persons, goods or property. Each package shall be legibly and durably marked and full address of the shipper and consignee.

3.3.2 Grandstar Cargo reserves the right to refuse the transportation of cargo that is not suitably packed and/or marked.

3.3.3 Packages containing valuables as defined in Grandstar Cargo's regulations must be sealed if so requested by Grandstar Cargo.
3.4. Special Cargo

3.4.1 Special cargo including but not limited to valuables, dangerous goods, live animals, perishables, fragile goods, human remains, is acceptable only under the conditions set forth in Grandstar Cargo's regulations applicable to the carriage of such cargo.

3.4.2 Whilst consigning special cargo, in addition to the regulations of ordinary cargo shipments, the shipper shall comply with the regulations of special cargo shipments. The shipper shall take the responsibility and make compensation to the carrier for the relevant losses due to the shipper's failure to abide by the regulations. The shipper shall contact Grandstar Cargo prior to shipments of special cargo, and shall consign after the approval of Grandstar Cargo.

3.5 Cargo Acceptable Only Under Prescribed Conditions

3.5.1 Dangerous goods, live animals, perishable cargo, human remains or articles possessing inherent characteristics which make them unsuitable for air carriage will only be accepted for carriage subject to the conditions provided in Grandstar Cargo's regulations.

3.5.2 Consignments will be accepted for carriage by Grandstar Cargo either on a charges prepaid basis or charges collect basis.

However, Grandstar Cargo will decline to transport following consignments on a charges collect basis:
3.5.2.1 Consignments to persons restrained of their liberty

3.5.2.2 Consignments addressed to government agencies, except when shipped by government agents presenting proper credentials;

3.5.2.3 Consignments not equal in resale value to freight charges and/or service charges thereon;

3.5.2.4 Perishable cargo

3.5.2.5 Consignments to countries where currency regulations or Grandstar Cargo's regulations do not permit consignments to be delivered upon charges collect basis;

3.5.2.6 Live animals; and

3.5.2.7 Human remains.

3.5.3 Consignments of unusual weight shape or size will not be accepted for carriage unless advance arrangements have been made. Consignments requiring special devices for safe handling will be accepted by Grandstar Cargo for carriage only when such special devices are provided and operated by and at the cost of the shipper or consignee.

3.5.4 Consignment with a floor-bearing weight per square unit in excess of the floor load limitation specified in Grandstar Cargo's regulations must be furnished with a suitable supporter or spreader for use in such aircraft, which will reduce the floor-bearing weight per square unit to such floor load limitation or less.

3.6 Responsibility for Non-Observance of Conditions

Responsibility for non-observance of the conditions relating to cargo which is not acceptable for carriage or is acceptable only under prescribed conditions rests upon the shipper, and the shipper shall indemnify Grandstar Cargo for any damage it may incur because of carriage of any such cargo.

3.7 Grandstar Cargo's Right of Inspection

Grandstar Cargo reserves the right to examine the packaging and contents of all shipments and to enquire into the correctness or sufficiency of information or documents tendered in respect of any shipment but Grandstar Cargo shall be under no obligation to do so.

3.8 Unit Load Devices

When shipper undertakes to load a Unit Load Device (ULD) he must comply with Grandstar Cargo's loading instructions and shall be liable for and indemnify carrier against all consequences of any non-compliance with such instructions.

3.9 Cargo Attendants
Grandstar Cargo, in consideration of the nature of the consignment involved or so as to ensure safety to persons, aircraft, other cargo or property, may request the shipper to arrange cargo attendants for the purpose of accompanying such consignment.

ARTICLE4  Documentation

4.1 Air Waybill

The shipper shall make out or have made out on his behalf; an Air Waybill in the form, manner and number of copies prescribed by Grandstar Cargo, and shall deliver such Air Waybill to carrier simultaneously with the acceptance of cargo by Grandstar Cargo for carriage. However, charges for carriage and other charges, insofar as they have been ascertained, shall be inserted in the Air Waybill by Grandstar Cargo. Grandstar Cargo may require the shipper to make out, or have made out on his behalf, separate Air Waybills when there is more than one package or when all of the consignment cannot be carried in one aircraft or cannot, without breach of applicable laws, government regulations, orders, requirements or the carrier's regulations, be carried on one Air Waybill.

4.2 Apparent Condition/Packing of the Cargo

If the apparent order and condition of the cargo and/or packing is in any way defective the shipper shall, if an Air Waybill is delivered, include on the Air Waybill a statement of such apparent order and condition.  If no Air Waybill is delivered the shipper shall advise Grandstar Cargo of the apparent order and condition of the cargo, to enable Grandstar Cargo to insert an appropriate reference thereto in the Air Waybill. However, if the shipper fails to include such statement in the Air Waybill or to advise Grandstar Cargo of the apparent order and condition of the cargo, or if such statement or advice is incorrect, Grandstar Cargo may include in the Air Waybill a statement of the apparent order and condition of the cargo, or note a correction thereto.

4.3 Preparation, Completion or Correction by Grandstar Cargo

Grandstar Cargo may at the request of the shipper expressed or implied, make out the Air Waybill in which event, subject to proof to the contrary, Grandstar Cargo shall be deemed to have done so on behalf of the shipper.  If the Air Waybill handed over with the cargo or if the particulars and statements relating to the cargo furnished by or on behalf of the shipper to Grandstar Cargo for insertion in the Air Waybill do not contain all the required particulars, or if it contain any error, Grandstar Cargo is authorized to complete or correct it to the best of Carrier's ability without being under any obligation to do so.

4.4 Responsibility for Particulars and Statements

The shipper is responsible for the correctness of the particulars and statements relating to the Cargo inserted by him or on his behalf in the Air Waybill. The shipper shall indemnify Grandstar Cargo against all damage suffered by him, or by any other person to whom Carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the shipper or on his behalf.

4.5 Alterations

Air Waybills, on which the writing has been altered or erased by other than the carrier, may not be accepted by Grandstar Cargo.

ARTICLE5  Rates and Charges

5.1 Applicable Rates and Charges

Rates and charges for carriage governed by these Conditions of Carriage shall be those duly published by Grandstar Cargo and in effect on the date of issuance of the Air Waybill. When the amount collected does not correspond to the above duly published rates and charges, Grandstar Cargo will refund the balance to, or collect from, the shipper or consignee, as the case may be.

5.2 Services Not Included in Published Rates and Charges

Except as otherwise specifically provided in Grandstar Cargo's regulations, rates and charges apply only from airport to airport and do not include any following service charges;

5.2.1 Charges for pick-up and/or delivery to and from the airport from which Grandstar Cargo operates;
5.2.2 Storage and warehouse charges;

5.2.3 Insurance Premium;

5.2.4 Expenses incurred by Grandstar Cargo in clearing the cargo through customs, or incurred by any other person whether acting as agent for the shipper, the consignee, the owner of cargo, or Grandstar Cargo;

5.2.5 Charges for penalties imposed or collected by government authority including duties and taxes;

5.2.6 Expenses incurred by Grandstar Cargo in repairing faulty packing;

5.2.7 Charges incurred by Grandstar Cargo in returning of consignment to point of origin;

5.2.8 Any other similar service charges or costs.

5.3 Basis of Rates and Charge

Rates and charges will be based on the units of measurement and subject to the rules and conditions published in Grandstar Cargo's regulations and rate tariffs.

5.3.1 Freight Charges shall be based on the actual gross weight or volume weight, whichever is higher.
5.3.2 To obtain the weights by using cubic measurements, measurements of 6,000 cubic centimeters equals one kilogram, measurements of 3,000 cubic centimeters or less equals a half kilogram and measurements exceeding 3,000 cubic centimeters will be charge for as the next higher whole kilogram.

Similarly, measurements of 366 cubic inches equals one kilogram, measurements of 183 cubic inches or less equals a half kilogram and measurements exceeding 183 cubic inches will be charged for as the next higher whole kilogram, and consignment the extreme dimensions of which result in an average of more than 166 cubic inches per pound shall be charged on the basis that each 166 cubic inches equals one pound.

5.4 Declaration of Value for Carriage

The shipper must make a declaration of value for carriage on the Air Waybill of all consignments regardless of whether or not the valuation charge is applicable, and such declaration of value for carriage may be in any amount or ��No Value Declared (NVD)' at his option.

5.5 Valuation Charge

5.5.1 For the purpose of applying valuation charge, the value per kilogram must be determined by dividing the shipper's declared value for carriage by the actual gross weight of the consignment stated in the gross weight box of the Air Waybill.
5.5.2 Consignment valued at more than USD 20.00 (or its equivalent) per kilogram will be assessed valuation charge of 0.75% of the shipper's declared value for carriage exceeding USD 20.00 (or its equivalent) per kilogram.

5.6 Payment of Charges

5.6.1 Rates and charges are published in the currency shown in the applicable rate tariffs, and shall be paid in any currency acceptable to Grandstar Cargo. When payment is made in a currency other than in the currency in which the rate or charge is published, such payment will be made at the rate of exchange established for such purpose by Grandstar Cargo. The current statement of exchange rate is available for inspection at Grandstar Cargo's office and nothing in those provisions modifies or waives any currency exchange laws and regulations. The provisions of this paragraph are subject to applicable exchange laws and government regulations.

5.6.2 Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges, advances and payments made or incurred or to be incurred by Grandstar Cargo and any other sums payable to Grandstar Cargo, will be deemed fully earned, whether or not the Grandstar Cargo is lost or damaged, or fails to arrive at the destination specified in the contract of carriage. All such charges, sums and advances will be due and payable upon receipt of the cargo by Grandstar Cargo; except that they may be collected by Grandstar Cargo at any stage of the service performed under the contract of carriage and may be collected at any time upon demand of Grandstar Cargo. No claim for loss or damage to a shipment will be entertained until all transportation charges have been paid.

5.6.3 The shipper guarantees payment of the freight rate, storage charges and all unpaid charges, unpaid charge collect, advances and disbursements of Grandstar Cargo. The shipper also guarantees payment of all costs, expenditures, fines, penalties, loss of time, damage and other sums which Grandstar Cargo may incur or suffer by reason of the inclusion in the shipment of articles the carriage of which is prohibited by law, or the illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or descriptions of the cargo, or the absence, delay or incorrectness of any export or import license or any required certificate or document, or any improper customs valuation, or incorrect statement of weight or volume. Grandstar Cargo shall have a lien on the cargo for each of the foregoing and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale (provided that prior to such sale Grandstar Cargo shall have mailed notice thereof to the shipper or to the consignee at the address stated in the Air Waybill) and to pay itself out of the proceeds of such sale any and all such amounts. No such sale shall, however, discharge any liability to pay any deficiencies, for which the shipper and the consignee shall remain jointly and severally liable. By taking delivery or exercising any other right arising from the contract of carriage, the consignee agrees to pay such charges, sums and advances, except prepaid charges. 

5.6.4 If the gross weight, measurement, quantity or declared value of the cargo exceeds the gross weight, measurement, quantity or declared value on which charges for carriage have been previously computed, Grandstar Cargo shall be entitled to require payment of the charge on such excess.

5.6.5 Charges collect shipments will be accepted only to countries listed in Grandstar Cargo's regulations and subject to the conditions contained therein. In any event Grandstar Cargo reserves the right to refuse shipments on a Charges collect basis to any country where regulations prevent the conversion of funds into other currencies or the transfer of funds to other countries. Information on countries to which Charges collect service is available may be obtained from office and representatives of Grandstar Cargo.

5.6.6 All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the Grandstar Cargo in the case of a prepaid shipment, i.e. a shipment on which the charges are to be paid by the shipper or at the time of delivery thereof by the Grandstar Cargo in case of a collect shipment, i.e. a shipment on which the charges are to be paid by the consignee. If the consignee fails to pay said charges, when such charges are to be collected, the shipper remains obligated to pay these charges.

5.6.7 Grandstar Cargo may cancel the carriage of the shipment upon refusal by the shipper, after demand by Grandstar Cargo, to pay the charges or portion thereof so demanded, without any liability for such cancellation.

ARTICLE6  Shipments in Course of Carriage

6.1 Compliance with Government Requirements

6.1.1 The shipper shall comply with all applicable laws, customs and other government regulations of any country to, from, through or over which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall, together with the shipment, furnish such information and deliver such documents as may be necessary to comply with such laws and regulations. Grandstar Cargo shall not be obliged to inquire into the correctness or sufficiency of such information or documents. Grandstar Cargo shall not be liable to the shipper or any other person for loss or expense due to shipper's failure to comply with this provision. The shipper shall be liable to Grandstar Cargo for any damage occasioned by failure of the shipper to comply with this provision and the shipper shall indemnify the Grandstar Cargo against any damage occasioned by the failure of the shipper to comply with this provision.

6.1.2 Grandstar Cargo shall not be liable for refusing to carry any shipment if Grandstar Cargo reasonably determines in good faith that such refusal is required by any applicable law, government regulation, demand, order or requirement.

6.2 Disbursements and Customs Formalities
Grandstar Cargo is authorized (but shall be under no obligation) to advance any duties, taxes or charges and to make any disbursement with respect to the cargo and the shipper and consignee shall be jointly and severally liable for the reimbursement thereof. Grandstar Cargo shall be no obligation to incur any expense or make any advance in connection with the forwarding or re-forwarding of the cargo except against prepayment by the shipper. If it is necessary to make customs entry of the cargo at any stopping place, and no customs clearance agent has been named on the face of the Air Waybill, the cargo shall be deemed to be consigned to the Grandstar Cargo carrying the cargo to such place. For any such purpose a copy of the Air Waybill shall be deemed an original.

6.3 Schedules, Routings and Cancellations

6.3.1 Unless specifically agreed otherwise and so indicated in the Air Waybill, Grandstar Cargo undertakes to carry the cargo with reasonable dispatch but assumes no obligation to carry the cargo by any specified aircraft or over any particular route or routes, or to make connections at any point according to any particular schedule. Times shown in Grandstar Cargo's timetables or elsewhere are approximate and not guaranteed and form no part of the contract of carriage. No time is fixed for commencement or completion of carriage or delivery of cargo. Grandstar Cargo is hereby authorized to select or deviate from the route or routes of the shipment, notwithstanding that the same may be stated on the face of the Air Waybill. Grandstar Cargo is not responsible for errors or omissions either in the timetables or other representations of schedules. No agent, employee or representative of Grandstar Cargo is authorized to bind Grandstar Cargo by any statements or representations of the dates or times of departure or arrival, or of operation of any flight.

6.3.2 Grandstar Cargo may without notice substitute alternate carriers or other means of carriage.

6.3.3 Grandstar Cargo reserves the right without notice, to cancel, terminate, divert, postpone or delay the flight, or the further carriage of any cargo, or to proceed with any flight without all or any part of the cargo, if it considers that it would be advisable to do so because of any fact beyond its control (including, but not limited to, meteorological conditions, act of God, force majeure, strikes, riots, civil commotions, embargoes, war or warlike action, hostilities, disturbances, or unsettled international conditions) or not reasonably to be foreseen, anticipated, or predicted at the time the cargo was accepted; or if it considers that any other circumstances so require.

6.3.4 In the event any flight is so cancelled, diverted, postponed, delayed or advanced or is terminated at a place other than the place of destination or in the event the carriage of any shipment is so cancelled, diverted, postponed, delayed, advanced or terminated, carrier shall not be under any liability with respect thereto. In the event the carriage of the shipment or any part thereof is so terminated, delivery thereof by Grandstar Cargo to any transfer agent for transfer or delivery or the placing of such shipment in storage shall be deemed complete delivery under the contract of carriage, and Grandstar Cargo shall be without any further liability with respect thereto, except to give notice of the disposition of the shipment to the shipper or to the consignee, at the address stated in the Air Waybill, Grandstar Cargo may, but shall not be obligated to, forward the shipment for carriage by other route or forward the shipment as agent for the shipper or the consignee, for onward carriage by any transportation service on behalf of the shipper of the consignee. The cost of doing so attaches to the cargo.

6.3.5 Subject to applicable government laws, regulations and orders, Grandstar Cargo is authorized to determine the priority of carriage as between shipments, and as between cargo and mail or passengers.

Grandstar Cargo may likewise decide to remove any article from a shipment, at any time or place whatever, and to proceed with the flight without them. If as a result of determining such priority, cargo is not carried or carriage thereof is postponed or delayed or if any articles are removed from a shipment, Grandstar Cargo will not be liable to shipper or consignee or to any other party for any consequences therefore.

6.4 Certain Rights of Carrier over Shipment in Course of Carriage

If in the opinion of Grandstar Cargo it is necessary to hold the shipment at any place for any purpose, either before, during or after carriage. Grandstar Cargo may, upon giving notice thereof to the shipper or consignee, store the shipment for the account and at the risk and expense of the shipper, in any warehouse or other available place; or with the customs authorities; or Grandstar Cargo may deliver the shipment to another transportation service for onward carriage to the consignee. The shipper or consignee shall indemnify Grandstar Cargo against any expense or risk so incurred.

ARTICLE7  Shipper's Right of Disposition

7.1 Exercise of Right of Disposition

Every exercise of the right of disposition must be made by the shipper or his designated agent, if any, and must be applicable to the whole shipment under a single Air Waybill. The right of disposition over the cargo may only be exercised if the shipper or such agent produces the part of the Air Waybill which was delivered to him, or communicates such other form of authority as may be prescribed by Grandstar Cargo's regulations. Instructions as to disposition must be given (in writing) in the form prescribed by Grandstar Cargo. In the event that the exercise of the right of disposition results in a change of consignee, such new consignee shall be deemed to be the consignee appearing on the Air Waybill.

7.2 Shipper's Option

7.2.1 Subject to his liability to carry out all his obligations under the contract of carriage and provided that this right of disposition is not exercised in such way as to prejudice Grandstar Cargo or other shippers, the shipper may at his own expense dispose of the cargo either:

7.2.1.1 By withdrawing it at the airport of departure or of destination; or

7.2.1.2 By stopping it in the course of the journey on any landing; or

7.2.1.3 By calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the Air Waybill 

7.2.1.4 By requiring it to be returned to the airport of departure;

7.2.2 Provided that if in the opinion of Grandstar Cargo, it is not reasonably practicable to carry out the order of the shipper, Grandstar Cargo shall so inform him promptly.

7.3 Payment of Expenses

The shipper shall be liable for and shall indemnify Grandstar Cargo for all loss or damage suffered or incurred by Grandstar Cargo as a result of the exercise of his right of disposition. The shipper shall reimburse Grandstar Cargo for any expenses occasioned by the exercise of his right of disposition.

7.4 Extent of Shipper's Right

The shipper's right of disposition shall cease at the moment when, after arrival of the cargo at the destination, the consignee takes possession or requests delivery of the cargo or Air Waybill, or otherwise shows his acceptance of the cargo. Nevertheless, if the consignee declines to accept the Air Waybill or cargo, or if he cannot be communicated with, such right of disposition shall continue to vest in the shipper.

ARTICLE8  Delivery

8.1 Notice of Arrival

Notice of arrival of the shipment will, in the absence of other instructions, be sent to the consignee or any other person whom carrier has agreed to notify as evidenced in the Air Waybill; such notice will be sent by ordinary methods. Grandstar Cargo is not liable for non-receipt or delay in receipt of such notice.

8.2 Delivery of Shipment

Except that is specifically provided in the Air Waybill, delivery of the shipment will be made only to the consignee.

However, if a person to be notified is specifically indicated on the Air Waybill, delivery to the consignee shall be considered to have been effected when arrival notice has been made in advance in accordance with Paragraph 8.1, and the consignment has been delivered to such person indicated on the Air Waybill as the person to be notified.

Delivery to the consignee shall also be considered to have been effected; when the consignment has been delivered to bonded warehouse or bonded shipping agent as designated by the consignee or the person to be notified or his agent; and when the consignment has been delivered to bonded warehouse or bonded shipping agent as required by applicable law or customs regulations.

8.3 Place of Delivery

Consignee must accept delivery of and collect the shipment at the airport of destination unless advance arrangement has been made between shipper or consignee and Grandstar Cargo.

8.4 Failure of Consignee to Take Delivery

8.4.1 Subject to the provision of Paragraph 8.2 hereof, if the consignee refuses or fails to take delivery of the shipment after its arrival at the airport of destination, Grandstar Cargo will endeavor to comply with any instructions of the shipper set forth on the face of the Air Waybill. If such instructions are not so set forth or cannot reasonably be complied with, Grandstar Cargo shall notify the shipper of the consignee's failure to take delivery and request his instructions. If no such instructions are received within 30 days of the date of the letter of notification, Grandstar Cargo may sell the shipment in one or more lots at public or private sale, or destroy or abandon such shipment.

8.4.2 The shipper is liable for all charges and expenses resulting from or in connection with the failure to take delivery of the shipment, including, but not limited to, storage charges and carriage charges incurred in returning the shipment if so required by the shipper's instructions (deleted) If the shipment is returned to the airport of departure and the shipper refuses or neglects to make such payments within fifteen days after such return, Grandstar Cargo may dispose of the shipment or any part thereof at public or private sale after giving the shipper ten days notice of its intention to do so.

8.5 Disposal of Perishables

8.5.1 When a shipment containing perishable articles as defined in Grandstar Cargo's regulations(deleted) is delayed in the possession of Grandstar Cargo, is unclaimed or refused at place of delivery, or for other reasons is threatened with deterioration, Grandstar Cargo may immediately take such steps as it sees fit for the protection of itself and other parties in interests, including but not limited to the destruction or abandonment of all or any part of the shipment, the sending of communications for instructions at the cost of the shipper, the storage of the shipment or any part thereof at the risk and cost of the shipper, or the disposition of the shipment or any part thereof at public or private sale without notice.

8.5.2 In the event of the sale of the shipment as provided for above, either at the place of destination or at the place to which the shipment has been returned, Grandstar Cargo is authorized to pay to itself and other transportation services out of the proceeds of such sale all charges, advances, and expenses of Grandstar Cargo and other transportation services plus costs of sale, holding any surplus subject to the order of shipper. A sale of any shipment shall, however, not discharge the shipper and/or owner of any liability hereunder to pay any deficiencies.

8.6 Responsibility for Charges

By accepting delivery of the Air Waybill and/or the shipment the consignee shall become liable for payment of all costs and charges in connection with the carriage. Unless otherwise agreed the shipper shall not be released from his own liability for these costs and charges and will remain jointly and severally liable with the consignee. Grandstar Cargo may make delivery of the shipment or the Air Waybill conditional upon payment of these costs and charges.

ARTICLE9  Pick-up and Delivery Services

9.1 Shipments

The shipments are accepted for carriage from their receipt at Grandstar Cargo' cargo terminal or airport office at the airport of departure to the airport at the place of destination.

9.2 Availability of Service

Pick-up service and delivery service will be available at the points, to the extent and subject to the rates and charges established for such services in accordance with the applicable regulations of Grandstar Cargo.
9.3 Shipment for Which Service Is Unavailable

Pick-up and delivery service will not be provided by Grandstar Cargo, because of its volume, nature, value or weight is impractical for Grandstar Cargo to handle in normal course.

9.4 Liability

If pick-up service or delivery service is performed by or on behalf of Grandstar Cargo, such surface transportation shall be upon the same terms as to liability and limitation as set forth in ARTICLE 11 hereof.

ARTICLE10  Successive Carriers

10.1 Carriage to be performed under one Contract of Carriage by several successive carriers is regarded as a single operation.

ARTICLE11  Carrier's Liability

11.1 General

With regard to the liability of the carrier, the carriage shall be subject to the regulations and limitations established by the applicable convention to the respective carriage, or by the national or international laws applicable to the respective carriage. The foregoing applies irrespective of whether the carriage is interrupted or the cargo is reloaded.

Unless otherwise provided for by the applicable convention or law, the following shall apply.

11.2 Exclusion of Liability

11.2.1 The carrier is not liable for damage caused directly or indirectly by any compliance with laws, governmental regulations, requirements or orders or by any other event beyond the carrier's control. The carrier is not liable when refusing carriage of a consignment after having decided with due discretion and in good faith that the laws and regulations which it deems applicable do not permit the carriage of the consignment.

11.2.2 The carrier is not liable for damage or destruction to or delay of a consignment caused by any object or animal contained therein. Consignors and consignees whose items cause damage or destruction to other consignments or to the carrier's property shall indemnify the carrier for any losses and costs incurred by the carrier as a result thereof. The carrier may at any time without notice and without incurring any liability remove or destroy cargo and animals which might endanger aircrafts, persons or property.

11.2.3 The carrier will not be liable for any loss, damage or expense arising from death due to natural causes or death or injury of any animal caused by conduct or acts of the animal itself or of other animals such as biting, kicking, goring or smothering, nor for that caused or contributed to by the condition, nature or propensities of the animal, or by defective packing of the animals, or by the inability of the animal to withstand unavoidable changes in its physical environment inherent in the carriage.

11.2.4 The carrier is in no event liable for the death or injury of an animal attendant if caused or contributed by the condition or conduct of the animal.

11.2.5 Consignments, the contents of which are exposed to deterioration or decay due to change in climate, temperature, altitude, ordinary exposure or because of length of time in transit, are taken on by the carrier to the exclusion of any liability for loss or damage caused by such deterioration or decay.

11.2.6 The carrier shall not be liable for any consequential or special damage, including loss of turnover, profit or earnings, interest, lost business transactions, currency risks, production shortfall or penalties arising from carriage subject to these conditions, whether or not the carrier had knowledge that such loss or damage might be incurred. Except for the scope of application of the Montreal Convention and the Montreal Protocol No. 4, this shall not apply to damage caused by gross negligence or willful act on the part of the carrier or its employees.

11.2.7 Whenever the liability of the carrier is excluded or limited under these conditions, such exclusion or limitation shall apply to agents, servants or representatives of the carrier and also to any carrier whose aircraft is used for carriage and for the agents, employees, representatives or vicarious agents of the latter.
11.3 Liability for Damage

Subject to Article 12, the carrier shall compensate for damage caused by destruction, delay, loss or damage of cargo, but only if the event causing the damage occurred during the carriage by air. However, the carrier is not liable if and to the extent it proves that the destruction, loss of or damage to, the cargo resulted from one or more of the following:

11.3.1 Special nature of the cargo or any inherent defect, quality or vice of that cargo,

11.3.2 Defective packing of the cargo performed by any person other than the carrier or its servants or agents,

11.3.3 An act of war (including terrorist acts) or an armed conflict,

11.3.4 An act of public authority carried out in connection with the entry, exit or transit of the cargo,

11.3.5 Force majeure, in particular acts of God.

11.4 Liability for Incomplete or Partial Damage

If the consignee (or any other person entitled to take delivery) is not delivered the entire consignment but only part thereof or if any part of a consignment is damaged, destroyed or lost, the liability of the carrier for the undelivered, damaged, destroyed or lost part shall be reduced proportionately on the basis of the weight, without any consideration of the value of the partial consignment or its contents.

11.5 Liability for Delay

The carrier is liable for damage by delay, unless proving that it and its servants and agents took all reasonable measures to prevent the damage or that it or they were not able to take such measures. Delay occurs if the cargo does not timely arrive at the place of destination. Whether carriage was delayed depends on the circumstances of each individual case and Article 12 clause 1 to 3 remains unaffected.

11.6 Contributory Negligence

If the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he derives his rights, the carrier shall be wholly or partly exonerated from liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage.

ARTICLE12  Limitations of Liability

12.1 General

The scope of the carrier's liability depends on the regulations and limitations established by the convention applicable to the respective carriage, or by the national or international laws applicable to the respective carriage. Unless otherwise provided for by the applicable convention or law to the benefit of the rightful claimant, the following shall apply:

12.2 Limitation of Liability in respect of Total Amounts

Unless the consignor has made a special declaration of value for carriage and has paid the supplementary sum applicable, the liability of the carrier shall not exceed the applicable Convention limit or, if no Convention applies, 17 Special Drawing Rights per kilogram of cargo destroyed, lost, damaged or delayed.

12.3 Declaration of Value

The limitations of liability in respect of total amounts do not apply if the consignor has made, at the time when the cargo was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor's actual interest in delivery at destination. All compensation claims are subject to proof of value.

12.4 Partial Delivery

In the case of destruction, loss, damage or delay of part of the cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the weight of the package or packages concerned. Nevertheless, when the destruction, loss, damage or delay of part of the cargo, or of an object contained therein, affects the value of other packages covered by the same Air Waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.

ARTICLE13  Actual Carrier

13.1 Liability of Contracting and Actual Carriers

If an actual carrier performs the whole or part of carriage which is governed by these conditions, both the contractual carrier and the actual carrier shall, except as otherwise provided in these conditions, be subject to these conditions, the former for the whole of the carriage contemplated in the contract, the latter solely for the carriage which it performs.

13.2 Mutual Liability

The acts and omissions of the actual carrier and of its agents and vicarious agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier.

ARTICLE14  Limitations on Claims and Actions

14.1 Receipt by the person entitled to delivery of the cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the Contract of Carriage.

14.2 No action shall be maintained in the case of loss or damage to goods unless a complaint is made to Carrier in writing by the person entitled to delivery. Such complaint shall be made:

14.2.1 In the case of damage to or partial loss of the consignment, immediately after its discovery and at the latest within fourteen (14) days from the date of receipt of the consignment;

14.2.2 In the case of delay, within twenty-one (21) days from the date on which the consignments were placed at the disposal of the person entitled to delivery;

14.2.3 In the case of non-delivery including total loss of the consignment, within one hundred twenty (120) days of the date of issue of the Air Waybill.

14.3 Any right of damages against the carrier shall be extinguished unless an action is brought within a period of two (2) years, reckoned from the date of arrival at the airport of destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
ARTICLE15  Overriding Law

15.1 Insofar as any provision contained or referred to in the Air Waybill, these Conditions of Carriage or other applicable tariffs, may be contrary to applicable law, government regulations, orders or requirements, such provision shall remain in effect to the extent that it is not overridden thereby and the invalidity of any provision shall not affect any other part.

ARTICLE16  Modification and Waiver

16.1 No agent, servant or representative of Grandstar Cargo has authority to alter, modify or waive any provision of the contract of carriage or of these condition
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